This book describes the collapse of the Soviet Union as a moment of decolonization and the post-1991 constitution-building experience as a postcolonial one. Partlett and Küpper’s application of the post-colonial paradigm to the former Soviet world adds new facets to post-colonial constitutional theory by presenting a third type of (ideology-based) colonialism and a third type of decolonization.
There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state.
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
This timely book examines the imminent dangers to European stability: the socio-economic crisis of global production that has reinforced structural inequalities; the climate crisis and its associated environmental degradation; and the onset and fallout of Covid-19. Placing the triple crisis in the context of EU, European and global geographies, it introduces a new conceptual framework to describe continuing systemic crisis and change in the EU.
Taking a multidisciplinary approach to the dynamics of political and economic decentralization in contemporary regimes, this comprehensive Handbook offers a critical examination of how the decentralization of governance affects citizen well-being.
This timely book explores a critical new juncture where globalisation is in retreat and global norms of behaviour are not converging. Frank Vibert provides an expert analysis on how this situation has arisen from a combination of changes in the relative power and position of nations and the different values behind the organisation of domestic government in democracies and authoritarian states.
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.